Employment law in Nebraska is governed by a combination of federal and state laws, which set forth the rights and responsibilities of employers and employees in the state. These laws cover a wide range of topics, including wages, hours, discrimination, harassment, and other workplace issues. Legal challenges in the workplace can be complex, but the experienced employment lawyers in Omaha at Horgan Law Firm provide strategic guidance to protect employees and employers navigating Nebraska labor laws.
To help both employers and employees better understand their rights and obligations, we’ve outlined key areas of Nebraska employment law below. From wage requirements and overtime rules to anti-discrimination protections and leave policies, each category plays a critical role in maintaining a fair and compliant workplace. Staying informed about these regulations is essential, and when questions arise, our Omaha employment lawyers are here to provide clarity and trusted support.
Overview of Employment Law in Nebraska
Nebraska Minimum Wage Laws and Exceptions
For Employers
In Nebraska, the minimum wage is currently $9.00 per hour. This rate is set by the Nebraska Department of Labor and is subject to change on an annual basis. In 2023, the minimum wage in Nebraska will increase from $9.00 per hour to $10.50 per hour.
As an employer, you are legally required to pay employees at least the minimum wage unless they fall under an exemption. Common exemptions include employees who are paid on a commission basis, outside salespersons, and certain professionals, such as doctors and lawyers. Staying compliant with wage laws is essential to avoid penalties and disputes.
For Employees
If you are employed in Nebraska, you are entitled to earn at least the current state minimum wage, unless you meet criteria for an exemption. Exempt positions may include jobs like outside sales, commission-based roles, or licensed professionals such as doctors and attorneys.
Understanding your wage rights is key to ensuring fair pay. If you believe you’re being underpaid or misclassified as exempt, you may benefit from consulting with an employment lawyer in Nebraska to review your situation.
Overtime
Under the Fair Labor Standards Act (FLSA), employees who work more than 40 hours in a workweek are entitled to overtime pay at a rate of one and a half times their regular rate of pay. In Nebraska, the FLSA applies to employers who engage in interstate commerce or have annual sales of at least $500,000. Misclassification of employees and failure to pay overtime are common violations. Consulting an employment lawyer in Omaha can help employees address wage disputes and ensure fair compensation.
Discrimination and Harassment
It is illegal for employers in Nebraska to discriminate against employees on the basis of their race, color, religion, sex, national origin, age, disability, or genetic information. This includes hiring, firing, promotions, and other employment decisions.
It is also illegal for employers to allow harassment to occur in the workplace. Harassment can take many forms, including physical, verbal, or written conduct that is discriminatory or creates a hostile work environment. Employees facing discrimination or harassment should seek guidance from an experienced attorney to understand their legal options and protect their rights.
Understanding the Nebraska Fair Employment Practice Act
The Nebraska Fair Employment Practice Act (FEPA) bars covered employers from discriminating against applicants or employees based on race (including hair texture and protective hairstyles), color, religion, sex (including pregnancy and gender identity), national origin, ancestry, age (40+), disability, genetic information, marital status, or participation in workers’ compensation proceedings. Administered by the Nebraska Equal Opportunity Commission, FEPA requires prompt investigation of complaints and, when probable cause is found, resolution through administrative hearings.
Amendments in 2021 expanded FEPA’s scope by defining race to include cultural traits like hair texture and broadening “good cause” for voluntary separation to cover employees who resign to care for ill family members. Remedies can include reinstatement, back pay, injunctive relief, and civil penalties. Employers should adopt clear anti-discrimination policies, conduct regular training, and maintain thorough complaint-handling procedures to demonstrate compliance and protect against liability.
Family and Medical Leave
The federal Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to provide eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. In Nebraska, the state’s Family Medical Leave Act (NEFMLA) provides similar protections to employees of smaller employers.
Workers’ Compensation
Nebraska law requires most employers to carry workers’ compensation insurance to provide benefits for job-related injuries or illnesses. These benefits may include medical treatment, lost wages, and disability payments. Filing a claim for workers’ compensation requires thorough documentation, and having a workplace lawyer ensures proper documentation and representation in disputes over denied claims.
Employment Contracts
In Nebraska, employment is generally considered to be at-will. This means that either the employer or the employee can terminate the employment relationship at any time, for any reason (with some exceptions). However, employment contracts may provide different terms, such as a specific duration of employment or certain conditions under which the employee can be terminated. Employees should carefully review contracts before signing and consult a contract attorney in Omaha to fully understand their rights and obligations.
Overall, employment law in Nebraska is designed to protect the rights of both employers and employees and to ensure that the workplace is fair and equitable. It is essential for both employers and employees to be familiar with employment laws and to seek legal advice from an Omaha employment lawyer at Horgan Law Firm about labor laws if they have any questions or concerns.
Additional Information: FAQs – Nebraska Department of Labor
Why Choose Horgan Law Firm for Employment Law in Nebraska?
At Horgan Law Firm, we don’t just explain the law—we help you navigate it. Whether you’re an employer seeking proactive counsel to reduce legal risks or an employee facing a workplace dispute, our Omaha-based employment attorneys deliver strategic, results-driven guidance tailored to your specific needs. We assist clients with everything from policy development and compliance audits to wrongful termination claims, harassment cases, hostile work environment claims, contract negotiations, and litigation defense.
Our goal is simple: protect your rights, resolve disputes efficiently, and empower you to make informed decisions in your workplace.
Horgan Law Firm, P.L.L.C. | Employment Lawyers Omaha, NE
If you’re looking for an Omaha law firm that combines the wisdom of experience with the energy and ambition of youth, look no further than Horgan Law Firm, P.L.L.C. As experienced Omaha Lawyers, we apply our knowledge to every case to get you the best possible outcome. Our success is measured by yours-no matter what your situation is, we’ll be there to help you through it.
Contact us to schedule a consultation!
Frequently Asked Questions About Employment Law in Nebraska
What qualifies as wrongful termination in Nebraska?
Wrongful termination happens when an employer fires an employee for reasons that violate legal protections—such as discrimination, retaliation, or breach of a contract. While most jobs are at-will, employers must still follow employment laws.
Does Nebraska follow at-will employment rules?
Yes. In Nebraska, most jobs are considered at-will, meaning either the employer or employee can end the relationship at any time without needing a specific reason—unless protected by law or a formal agreement.
Are there exceptions to at-will employment?
There are. If an employer’s decision to terminate is based on unlawful motives—such as bias, whistleblowing, or violation of contract terms—those actions may fall outside the scope of at-will employment and open the door to legal action.
Can Nebraska employers enforce “use it or lose it” vacation policies?
They can, provided the rule is clearly outlined in the company’s time-off policy. Without proper communication, employees may still be entitled to accrued time under certain circumstances.
Should I sue my employer for discrimination?
Filing a lawsuit may be worthwhile if you’ve faced unfair treatment based on protected characteristics like race, gender, or disability. A legal review of your situation can help determine if your claim has merit.
What counts as unlawful discrimination in the workplace?
Unlawful discrimination includes being treated differently or denied opportunities due to traits such as age, religion, national origin, or medical conditions. These behaviors are illegal under both state and federal law.
What is an employment discrimination case?
This type of case arises when an employee believes they were subjected to unfair treatment that violates anti-discrimination laws. These claims may involve denial of promotions, wrongful termination, or hostile work environments.
Does the EEOC provide legal representation?
The EEOC may pursue certain claims on behalf of employees, but it does not serve as a personal attorney in every case. Many workers choose to hire private legal counsel for dedicated support and advocacy.
How are employment lawyers different from labor lawyers?
Employment attorneys usually handle individual or company cases involving wages, discrimination, or contracts. Labor attorneys, on the other hand, focus more on issues involving unions, collective agreements, and workforce organizing.
Is it okay to tell HR that I’ve hired a lawyer?
This decision depends on your situation. If a conflict has escalated, notifying HR may prompt a more serious response. However, it’s best to speak with your attorney before sharing this information.
Are employment lawsuits usually successful?
The success of a case depends on the facts, available evidence, and legal grounds. While many are resolved through settlements, your attorney can help you assess whether pursuing a lawsuit is worthwhile based on your goals.
What areas fall under employment law?
Employment law includes rules about workplace conduct, pay practices, employee rights, safety regulations, hiring and termination procedures, and protection against discrimination or retaliation.
What qualifies as wrongful termination in Nebraska?
Nebraska is an at-will state, but firing an employee for discriminatory motives, retaliation, breach of contract, or violation of public policy may give rise to a wrongful termination claim. Examples include terminating an employee for reporting safety violations or for filing a workers’ compensation claim.
Are meal and rest breaks required?
Nebraska law mandates a 30-minute unpaid lunch for shifts of eight hours or more in certain industries (assembling plants, workshops). Other breaks are discretionary but, if under 20 minutes, must be paid under federal law.
How do I know if I’m misclassified as exempt from overtime?
Exempt status applies only to specific job duties (executive, administrative, outside sales) and salary thresholds. If you perform non-exempt tasks or your pay falls below salary requirements, you may be owed overtime at 1.5× your regular rate for hours over 40 per week.
What leave am I entitled to under Nebraska law?
- FMLA: 12 weeks unpaid job-protected leave for employers with 50+ employees
- NEFMLA: Similar protections for smaller employers
- Jury and voting leave: Employees receive time off without loss of pay
- Military family leave: 15–30 days of unpaid leave for covered deployments
Can an employer require drug testing or use of vacation time for jury duty?
Employers may conduct pre-employment drug tests but cannot terminate based solely on results unless state statutes are satisfied. Employers must not force employees to use paid leave for jury duty and must compensate jury service time minus court pay.
How can I challenge a denied workers’ compensation claim?
Timely report your injury, gather medical records, and consult an employment attorney to file an appeal with the Nebraska Workers’ Compensation Commission. Legal representation ensures proper documentation, negotiation, and, if necessary, hearing advocacy.
When should I use an employment contract?
Use written agreements to define term of employment, confidentiality obligations, non-compete restrictions, and severance terms. Contracts override at-will defaults, so review by our Omaha contract attorneys ensures enforceability and alignment with your goals.
Still Have Questions About Employment Law
If you’re navigating a workplace issue or want to better understand your rights and responsibilities, our team is here to help. Schedule a consultation with Horgan Law to get clear, professional guidance tailored to your situation.
